Trafficking in human beings: human rights and ... - unesdoc - Unesco

directing or control takes place in another State; (c) It is committed in one State but
involves an organized criminal group that engages in criminal activities in more than one
State; or (d) It is committed in one State but has substantial effects in another State.
It is important to note that they do not cover traffi cking by one or two persons. For
example, “traffi ckers” of domestic workers are often a wife and husband who bring a
worker from abroad and force her to work in a foreign country with little or no pay or
freedom. They would not be covered by 2(a). Also not clearly covered is traffi cking that
is done entirely within a country by nationals of the country. From the perspective of
the victims, the harm can be just as great whether there are one or ten traffi ckers and
whether the traffi cking is cross-border or internal. So the punishments for the traffi ckers
and the protections for the rights of traffi cked persons should be the same regardless of
whether the traffi cking is internal or across borders and whether there are one or twenty
traffi ckers. 140 It is however important to keep in mind that for the victim it is less relevant
whether the exploiter is prosecuted for the crime of traffi cking or for labour exploitation
may not be crucial as long as the crime is prosecuted/punished. It is very often overlooked
that it is not always necessary to prove traffi cking in order to effectively protect people
in exploitative situations and effectively repress offenders. Most of the components of
the traffi cking crime are punishable without traffi cking as a whole taking place. What
may be problematic is if traffi cking has not taken place and the victim therefore is not
granted proper protection in form of e.g. an offer to remain in the country of origin but
is repatriated without concern for his/her safety and well-being.
A structured group means a group that is not randomly formed for the immediate
commission of an offence and that does not need to have formally defi ned roles for its
members, continuity of its membership or a developed structure, while serious crime is
conducting an offence punishable by a maximum deprivation of liberty of at least four years
or a more serious penalty. 141 The Travaux Préparatoires mention that “structured group”
can be used in a broad way to include both the groups organised with a hierarchical or
other kind of elaborate structure and this where the roles of its members are not formally
defi ned. Moreover the “fi nancial or other” benefi t should also be interpreted broadly. 142
The involvement of organised criminal groups in traffi cking has become more apparent
in modern times and it has been noted that this marks the transition from the traditional
forms of slavery to modern traffi cking of human beings. Organised crime groups very
quickly respond to demand for traffi cked people in destination states, and the groups
also offer an apparent alternative for people wishing to migrate. The study of organised
crime has been associated with economic analysis of criminal organisations. Under this
analysis selling of illegal goods and services is the primary purpose of organised crime, and
criminal groups are regarded as rational entities which attempt to maximise their profi t
by responding to demand. Such an analysis allows an understanding of the dynamics of
140 Jordan, A.D.: The Annotated Guide to the Complete UN Traffi cking Protocol, p. 13.
141 TOC Arts 2(b) and (c).
142 UN DOC A/55/383/Add.1 para 4.
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